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(영문) 서울중앙지방법원 2017.09.07 2016가단5062043

공사대금

Text

1. The Defendant’s KRW 46,516,400 and the Plaintiff’s annual rate of KRW 6% from January 19, 2016 to September 7, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 10 (including paper numbers) and all the arguments.

On February 25, 2015, the Plaintiff: (a) from the Defendant on February 25, 2015, the Korea Housing Corporation; (b) the Korea Housing Corporation; (c) the Korea Housing Corporation; and (d) the Korea Housing Corporation; (c) the Korea Intellectual Property Corporation; (c) the Korea Intellectual Property Corporation; and (d) the Korea Housing Corporation (excluding the Korea Housing Corporation); (c) the construction period of KRW 175,00,

4. The sewage level was determined as 15.

The Plaintiff and the Defendant agreed to make a final settlement with the Defendant and the owner of the construction separately from the foregoing subcontracted construction work before the construction work is completed (Article 2 of the Subcontract Form). The Plaintiff and the Defendant agreed to make a final settlement with the Defendant and the owner of the construction separately from the foregoing subcontracted construction work, without paying the construction cost (Article 2 of the Subcontract Form).

(Article 6) (hereinafter referred to as the “instant subcontracted project”). (b)

In performing the subcontracted construction of this case, the CIP Corporation was changed to the slurgic Slurg method and there was a change in addition to the slurgic iron plates.

C. Around April 22, 2015, the Plaintiff completed the instant subcontracted project with the same change as the preceding paragraph, and submitted a modified pre-ex post facto table (Evidence 3) attached to the statement of change seeking payment of KRW 24,504,489 increased by KRW 199,50,489, which reflects the foregoing change, to the Defendant.

The Plaintiff received from the Defendant the transfer of KRW 26,00,000 on March 13, 2015, and KRW 147,000,000 on March 31, 2015, and KRW 10,000 on April 21, 2015, and KRW 27,000,00 on June 15, 2015, from the owner of the instant subcontracted project, as a result of the construction cost of the instant subcontracted project, and received from the owner of the instant subcontracted project, directly, KRW 147,00,00 on April 27, 2015.

2. The assertion and judgment

A. The Plaintiff’s assertion 1 by the parties concerned is performing the subcontracted construction work.